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A DUI Attorney Explains the “Implied Consent Law” and its Implications

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Some motorists believe that refusing to submit to a chemical test for alcohol when pulled over won’t get them into more trouble. Granted that it is an individual’s right to refuse the test but doing so will lead to license suspension. Drivers should be more aware about the “Implied Consent Law” and its implications when it comes to driving under the influence of alcohol. An experienced DUI attorney in Kent can shed more light on the subject.

implied consent law

Implied Consent Law

Washington’s Implied Consent law explicitly states that drivers arrested for DUI are required to take a blood or breath test. In simplified terms, anyone who drives a vehicle in the state agrees to take the test if asked by an officer of the law. Of course, the arrest would have to be done lawfully, meaning that the arresting officer should have probable cause to believe that you are indeed driving under the influence. You have every right to dispute the arrest if you are convinced that you were pulled over for no apparent reason.

What Constitutes as DUI?

Drivers who have physical control of the vehicle while under the influence are the most commonly arrested violators. But, drivers should also know that those who pull over to sleep off the effects of alcohol are just as likely to get arrested, particularly if the arresting officer gets a whiff of alcohol in the car. This is mainly due to the fact that officers of the law would not risk the possibility of said driver waking up to drive again while still in an inebriated state.

Refusing the Test

According to the Department of Motor Vehicles, refusing the test will automatically result in license suspension for 12 months. And, if you do not have a license, you will be denied application for 12 months as well. In this case, it’s better to just agree to the test, but contacting a skilled Kent DUI lawyer should be a top priority.

Penalties for DUI

The state of Washington is particularly strict when it comes to DUI laws, and you can expect stiff penalties. First offenders might be looking at a maximum imprisonment of 180 days and a $1,000 fine while a second offense could get a mandatory imprisonment of 10 days, a maximum imprisonment of 1 year and a fine of $2,500 to $5,000. A third offense could lead to 12 days mandatory imprisonment, 1 year maximum imprisonment and a $2,500 to $10,000 fine.


Washington DUI: Refusal to Take a Blood or Breath Test, NOLO
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